MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            18 December 2001
	DOCKET NUMBER:    AR2001061195

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Thomas Lanyl		Member	
	Mr. Jose A. Martinez		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS: That his records be corrected to show entitlement to award of the Purple Heart (PH).

APPLICANT STATES: He provides a copy of a Department of Veterans Affairs Rating Decision, dated 31 March 1971, and a Standard Form 513 (Consultation Sheet), dated 22 January 1970.  He states, he was awarded the PH aboard a hospital ship before leaving for Japan.

EVIDENCE OF RECORD:  The applicant's available military records show:

On 11 February 1969, a Pre-Induction Physical Examination cleared the applicant for induction into the Army.  Attached to the examination was a statement from a civilian physician which stated, “To Whom it May concern:  Charles Marks Jr., Fracture of distal end of metacarpal.  7-3-68.  Still under treatment.  W. W. Ayres, M.D.”

On 11 February 1969, he was inducted into the Army.

During the period 14 July 1969 through 17 January 1970, he served in a unit in Vietnam.

In a written response to a White House inquiry, The Adjutant General advised his parents that he received a non-serious wound on 17 January 1970, and that he had previously requested that notification not be made to his next of kin.

On 17 January 1970, he was transferred to the US Army Hospital, Japan.

On 22 January 1970, a Clinical Record indicates, “Patient claims satchel charge was thrown to him.”

On 6 February 1970, he was transferred to the Walter Reed Army Medical Center, Washington, D.C. for further treatment and on 20 March 1970, he was returned to full duty status.

On 9 February 1970, General Orders (GO) Number (Nr) 1437, 101st Airborne Division announced award of the Army Commendation Medal (ARCOM) to the applicant for meritorious achievement for the period 1 August to 31 December 1969.

On 15 October 1970, a physical examination cleared the applicant for separation with a physical profile of 111111A and made no mention of wounds.

On 10 February 1971, he was honorably separated from active service under Army Regulation 635-200, based on the expiration of his term of service.  His separation document indicates he has 2 years of creditable service.  Item 40 (Wounds) of DA Form 2-1 (Personnel Qualification Record) contains no indication of the applicant being wounded in combat action.

Army Regulation 600-8-22 provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There is no evidence of record that the applicant was qualified for or awarded the PH; therefore, he is not entitled to that award.  The evidence shows he received a non-serious wound on 17 January 1970; however, there is no evidence that he qualified for the award. 

2.  The Board notes that he was awarded the ARCOM and his record should be corrected accordingly.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Army Review Boards Agency Saint Louis will be requested to make the appropriate corrections to the applicant’s records to show award of the ARCOM, based of GO Nr 1437, 101st Airborne Division, dated 9 February 1970.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_inm____  _jam____  _tl_____     DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001061195	
SUFFIX		
RECON		
DATE BOARDED	2001/12/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.